A. Prohibited: No person shall sell, offer for sale, give away or deliver tobacco products to any person under the age of twenty-one (21) years.
B. Violation: Any person violating subsection A of this section is guilty of a misdemeanor punishable by a fine of not more than fifty dollars ($50.00).
C. Affirmative Defense: It is an affirmative defense to a prosecution under subsection A of this section that:
1. In the case of a sale, the person who sold the tobacco product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the tobacco products as being over twenty-one (21) years of age; or
2. The tobacco product was given or delivered to the person under twenty-one (21) years of age by his parent or guardian and the tobacco product was given or delivered to the person for use in the privacy of his parent's or guardian's home or under the direct supervision of the parent or guardian. (Ord. 91-12-001, 3-10-1992; amd. Ord. 2020-001, 3-17-2020)